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European Union Law Research Basics

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Page 1: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

European Union Law

Research Basics

Page 2: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

What is the European Union?

Transnational organizationTwenty five member statesPurposes of the EU

– Promote economic/social progress– Maintain and build on established law– Promote EU citizenship– Develop freedom, security and justice

Page 3: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

EU Treaties

Form the basis of the EUMultiple treaties are in forceConstitution under consideration

Page 4: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Institutional Aspects of EU Law

Lawmaking Bodies– Commission– Parliament – Council

Page 5: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Institutional Aspects of EU Law

Commission proposes legislationParliament and Council

review/amend proposalsFinal version approved by both

Parliament and Council

Page 6: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Institutional Aspects of EU Law

Secondary Legislation is the statute law of the EU

Regulations/Decisions are self-executing

Directives need national legislation for implementation

Page 7: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Institutional Aspects of EU Law

EU Courts– European Court of Justice, 1959-.– Court of First Instance, 1989-.

Page 8: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Institutional Aspects of EU Law

ECJ and CFI sit in chambersBoth issue unanimous judgmentsBoth have Judge Advocates to

assist in decisionmaking

Page 9: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Where to find EU documents

Treaties-EU treaty series, Official Journal, Part C

Secondary legislation-final versions in Official Journal, Part L

Court Judgments-European Court Reports

Page 10: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Online Resources

Europa website– CELEX– EurLex

LEXIS/WESTLAW– Primary sources– Periodical literature– News sources

Page 11: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Points to remember

No EU equivalent to US CodeLook for consolidated EU treatyLook for national implementing

legislation for directivesLegislative drafting process is

complicated

Page 12: European Union Law Research Basics. What is the European Union? Transnational organization Twenty five member states Purposes of the EU – Promote economic/social

Stay Current!

Recent developments require up to date information

Secondary sources and print/online resources should reflect current practice